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Traill County State’s Attorney warns Home Rule could make his office appointed, undermining voter control
Summary
Traill County State’s Attorney Charlie Stock told commissioners the Home Rule ballot language "would make it illegal for the State’s Attorney to become appointed," and said appointing the office would remove a key public check; he noted a severability clause could excise an invalid provision.
Traill County State’s Attorney Charlie Stock told the commission that the proposed Home Rule Charter’s ballot language "was structured in a way that would make it illegal for the State’s Attorney to become appointed." He warned that converting the office to appointment would remove an elected check and take away citizens’ right to vote for that position.
When Commissioner Eblen asked why Stock, as the county’s legal counsel, had not previously raised the concern, Stock said the charter contains a severability clause that "would allow the portion regarding the appointment of the State’s Attorney to be removed while keeping the remainder of the charter legally valid." The exchange left the legal question framed as a potential drafting error to be fixed rather than as an automatic enactment of an appointment system.
The issue was discussed during a public Q&A about the proposed charter; commissioners did not take formal action at the meeting. The Home Rule Charter is scheduled to appear on the June 9, 2026 ballot.
